Introduction of Trademark:
Trademark, that can be a word, phrase, symbol and/or design that identify and distinguish the source of goods of one party from the others.
Service mark, that can be a word, phrase, symbol and/ or design that identify and distinguish the source of a service rather than the goods and also one party from the others.
Trade Marks Registry (TMR) is a premier body of Intellectual Property Organization of Pakistan (IPO-Pakistan) that is working for the registration of trade mark and service mark as well under the Trademarks Ordinance, 2001.
Registration of trade mark:
Filing a Search Application:
There are two methods of search as follows:
Search Application through Form TM-55:
- One Search Application Form TM-55 would be applicable for one trademark search in any one class only. http://www.ipo.gov.pk/ipo.php?do=Nzc=
- Search Form TM-55 should be accompanied with two representations of the mark (each representation should be mounted on a sheet of strong paper)
- Search fee amounting to 1000/- PKR should be submitted in the form of Pay order/ Bank draft made in the name of Director General IPO.
Form TM-55 is very easy to fill, just need to follow the instructions which mentioned in the Form.
- Mention the class. http://www.ipo.gov.pk/ipo.php?do=MjUw, http://www.ipo.gov.pk/uploads/CMS/(333)NiceClassification.pdf
- Specify the goods “mention the name which needs to be registered”.
- Signature of the applicant.
- Address “mention the address of the business place whose trademark needs to be registered”.
Personal Search Facility:
Personal Search Facility for quick information is available at Trade Marks Registry, receipt of bank draft amounting to Rs. 200/- for 15 minutes per client.
After completion the Search process File the application for registration.
Application for Registration: In case of Individual
- Fill TM-1 Form for Applying Registration of Trademarks. http://www.ipo.gov.pk/ipo.php?do=Nzc=
- TM-1 in duplicate along with six additional representations affixed on a durable paper of 13×8 inch should be filed.
- Application should be made for specification of goods or services in any one class i.e. separate applications for separate classes.
- Please see Schedule IV of Trade Marks Rules, 2004, for classification of goods and services. http://www.ipo.gov.pk/ipo.php?do=MjUw, http://www.ipo.gov.pk/uploads/CMS/(333)NiceClassification.pdf
- Insert Full name, Description and Nationality of the applicant.
Please read the form carefully before filling all the instructions are mentioned on the form TM-1.
In Case of Firm or Private Limited Company:
- In the case of a firm, the Full Name and Nationality of every partner/director should be stated.
- Add the full business address of the firm/private limited company.
- The address given should be complete for the purpose of easy location of the place.
In Case of Series of Marks:
- If the mark is in the form, of series, then indicate the number of series.
- Indicate domain name is in respect of goods or services.
In Case of Colored Mark:
- If the mark is in color, then color may be claimed. In this case, the applicant shall have right to use only the claimed colors in his/her mark.
In Case the Colored Mark not claimed:
- If no color is claimed then mark may be used in any color.
Signature of applicant is required with his/her designation.
- If the mark is owned by an individual, he must sign it.
- If owned by firm, then signed by the managing partner.
- If the applicant is a limited company, then signed by the managing director or Directors).
Application Being Filed Through an Attorney:
Where the application is being filed through an attorney, a power of attorney on Form TM-48 printed on Stamp Paper amounted Rs. 1000, must be stamped and notarized must accompany this application.
Applicant is Foreign National:
If the applicant is foreign national, he should file application through their duly authorized attorney or advocate in Pakistan.
If the Mark is In a Language other than English or Urdu:
If the mark is in a language other than English or Urdu, its translation and transliteration in the form of an affidavit from the applicant must accompany this application.
Please submit Pay Order / Bank Draft amounting to Rs. 2000/- from scheduled bank in the name of Director General, IPO-Pakistan for one mark in one class only.
Process of Registration:
- Cash receipt and trademark number is allotted to the applicant when the application is received;
- The Acknowledgement Receipt by the Trade Marks Registry is issued to the applicant within 10-15 days of filing an application;
- Examination Report is generated after 3 months of filing an application. If there are any objections on the applied trademark, they are communicated to the applicant immediately in the form of a Show Cause Notice. The applicant is required to submit a reply within two months from the date of issuance of a Show Cause Notice;
- If there are no objections, application will be published in the Trade Marks Journal. If no oppositions are filed to the published application within two months from date of publication of the Trade Marks Journal, the application stands accepted and Demand Notice is issued to the applicant requesting him/her to submit Form TM-11 along with registration fee amounting to 6,000/- from scheduled bank in form of a pay order/ bank draft in the name of Director General IPO-Pakistan for issuance of the Registration Certificate;
- On the receipt of registration fee, the Registration Certificate is issued by the Registrar of Trademarks.